Judging mental capacity to engage safely with social media

2021 ◽  
Vol 30 (3) ◽  
pp. 196-197
Author(s):  
Richard Griffith
Keyword(s):  
Social Media ◽  
Mental Capacity ◽  
Health Law ◽  
Senior Lecturer

Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses recent cases from the Court of Protection that have focused on a person's mental capacity to engage safely with social media

The COVID-19 vaccine and the best interests of a person who lacks capacity

2021 ◽  
Vol 30 (5) ◽  
pp. 320-321
Author(s):  
Richard Griffith
Keyword(s):  
Mental Capacity ◽  
Best Interests ◽  
Health Law ◽  
Senior Lecturer

Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers two recent cases in the Court of Protection that determined if the COVID-19 vaccine was in the best interests of a person who lacked the mental capacity to decide on immunisation after relatives objected its administration

Understanding how human rights law affects nursing practice

2021 ◽  
Vol 30 (7) ◽  
pp. 446-447
Author(s):  
Richard Griffith
Keyword(s):  
Human Rights ◽  
Nursing Practice ◽  
Health Law ◽  
Human Rights Law ◽  
Senior Lecturer ◽  
Fundamental Nature

In the first of a series of articles Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses the fundamental nature of human rights and their importance to nursing

The role of the nearest relative in mental health law

2020 ◽  
Vol 29 (21) ◽  
pp. 1296-1297
Author(s):  
Richard Griffith
Keyword(s):  
Mental Health ◽  
Health Law ◽  
Senior Lecturer ◽  
Mental Health Law ◽  
Mental Health Act

Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the role of the nearest relative, a statutory friend, appointed for patients detained under the Mental Health Act 1983

Causing or inciting sexual activity with persons who have a mental disorder

2021 ◽  
Vol 30 (21) ◽  
pp. 1258-1259
Author(s):  
Richard Griffith
Keyword(s):  
Mental Disorder ◽  
Sexual Activity ◽  
Health Law ◽  
Sexual Offences ◽  
Senior Lecturer ◽  
Care Workers ◽  
Appeal Decision ◽  
Sexual Offences Act 2003 ◽  
Court Of Appeal

Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses the implications of a Court of Appeal decision that considers the scope of the Sexual Offences Act 2003, section 39, in relation to care workers

The Consequences of Failing to Discharge the Duty of Candour

2020 ◽  
Vol 29 (19) ◽  
pp. 1136-1137
Author(s):  
Richard Griffith
Keyword(s):  
Health Law ◽  
Senior Lecturer ◽  
Statutory Duty

Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers cases that highlight the consequences for nurses and their employer of failing to discharge their professional and statutory duty of candour

Mental Health Law

2021 ◽  
Author(s):  
Kay Wilson
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
Health Law ◽  
Conceptual Basis ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
Mental Health Law ◽  
Abolitionist Movement ◽  
Treaty Interpretation ◽  
The Right

The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (‘CRPD’) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into ‘camps’. Mental Health Law: Abolish or Reform? aims to cut through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts—dignity (including autonomy), equality, and participation—to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of both mental health law and the abolitionist movement including its goals and how and why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the ‘interpretive compass’, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main current abolition and reform options: Abolition with Support, Mental Capacity with Support, and Support Except Where There is Harm. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize of all of their CRPD rights.

The Interpretive Framework and the Reform (as opposed to the Abolition) of Mental Health Law

2021 ◽  
pp. 167-202
Author(s):  
Kay Wilson
Keyword(s):  
Mental Health ◽  
Health System ◽  
Mental Health System ◽  
Mental Capacity ◽  
Health Law ◽  
Social Reforms ◽  
Mental Health Law ◽  
Inherent Dignity ◽  
Interpretive Framework ◽  
Support Model

Having rejected the abolition of mental health law in Chapters 4 to 7, Chapter 8 explores the possibility of the reform of mental health law. It explains the Mental Capacity with Support and Support Except Where There is Harm models. It applies the interpretive compass of inherent dignity (including autonomy), equality, and participation to both models and compares them to the Abolition with Support model. It argues in favour of the Mental Capacity with Support model as being compatible with the CRPD (despite the contrary arguments from abolitionists) and more transparent than Abolition with Support. It proposes improvements to the Mental Capacity with Support model. It discusses wider reforms to the mental health system, social reforms, and how reform is possible without abolishing mental health law first.

Mental Health Law

2018 ◽  
pp. 127-140
Author(s):  
Anthony Holland ◽  
Elizabeth Fistein ◽  
Cathy Walsh
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
Health Interventions ◽  
Family Context ◽  
Clinical Settings ◽  
Health Law ◽  
Legal Basis ◽  
Legal Principles ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act

Mental health is everyone’s concern, an idea epitomized by the campaign tag line of the Royal College of Psychiatrists, ‘No Health Without Mental Health’. This chapter will demonstrate how an understanding of a patient’s mental health within his/her social and family context is central to clinical practice. We will consider the legal basis for the treatment of mental ill-health and how it can complicate the treatment of physical illness and lead to ethical and legal concerns. The general legal principles that govern health interventions are explored, and two specific statutes for England and Wales—the Mental Capacity Act 2005 and the Mental Health Act 1983 (as amended 2007)—are both considered in some detail. It will be shown how a sound appreciation of the clinical issues, an understanding of the law, and an ability to apply that law in clinical settings are essential when faced with situations involving mental ill-health.

Preparing for the liberty protection safeguards

2020 ◽  
Vol 29 (1) ◽  
pp. 66-69
Author(s):  
Richard Griffith
Keyword(s):  
Health Law ◽  
Senior Lecturer

Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses the revised framework for authorising the deprivation of liberty of a person who lacks capacity

Holding powers in hospitals under the Mental Health Act 1983

2020 ◽  
Vol 29 (13) ◽  
pp. 794-795
Author(s):  
Richard Griffith
Keyword(s):  
Mental Health ◽  
Health Law ◽  
Senior Lecturer ◽  
Mental Health Act

Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses the holding powers available under the Mental Health Act 1983 and why their use is prone to error

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